- September 12, 2019
Terms and conditions
Octopus Remodeling LLC Disclaimer
hereinafter referred to as “Contractor”
Cabinetry: All indoor cabinets are made from wood products. A solid wood cabinet door may not have full matching grain or color. Changes cannot be made to these natural grain and color variations. This variation in color and grain pattern in wood adds to its natural beauty and is not considered an imperfection. Environment factors including but not limited to artificial light, UV rays in natural light, moisture, cleaners, smoke, etc may cause the darkening and yellowing of a cabinet and paint over time. This is a natural process and can be expected. A natural wood product is prone to expand and contract leading to warping and cracking. Paint will crack and peel when wood swells and shrinks. These circumstances are beyond our control. We are not responsible for the relative humidity that may exist in your current climate or in individual homes that will lead to these problems. Warping of less than 1/4” is not considered a defect. Cabinet glass doors carry no guarantee against warping.
Warranty: Warranties are solely and exclusively provided by the applicable vendor or manufacturer of the Goods. The terms of warranties will be furnished upon request. Contractor does not provide any additional warranties.
Countertops: If Contractor is doing the countertops, they will be templated after the cabinets are completely secure. Templating will be scheduled in a timely manner. Once templated, the countertops will be installed within 5 to 10 business days after cabinet installation. Contractor is not responsible for any other jobs privately negotiated between the independent contractor (i.e. plumber, electrician, other installers) and customer.
Natural Stone Disclosure: Quarried natural stone by nature have conditions that cannot be controlled, i.e. Color, size, veining, fissures, & thickness, etc. Samples provided serve to indicate the general shades of color, markings or texture usually found in the product. Some color variations are normal. As a consumer/contractor, you may not understand some of the conditions inherent in natural stone Granite, marble, limestone, travertine & any quarried products offered have been cut from carefully selected stone blocks which are products of Nature. As a natural stone product, some stones may contain naturally occurring imperfections, which are characteristics to the stone. These characteristics will include color and shade variations, geological flaws, irregular markings, voids, veins, fissures, cracks, lines and/or minor separations. It is a standard practice by the manufacturer or fabricator to repair these separations by one or more of the following methods: waxing, filing. All of these variations and characteristics are common and present to some degree. However, part of the beauty of having natural stone is the characteristics, which will not impair the function or wearing of the materials. When granites or marbles are installed, the various sections will be joined together with seams. Seams are small but visible, and typically filled with a color-coordinated polyester adhesive or epoxy to minimize their appearance. The location and quantity of seams are determined by the fabricator according for slab sizes, sink and cook top cutouts, project design and job site access. They are commonly located in the center of cutouts like sinks and cook tops, at inside corners running the depth of the countertop, and in back splashes at any height or elevation change. If the appearances of seams are a concern, please see our showrooms for a demonstration. It is hereby understood that Octopus Remodeling LLC will not be held responsible for the natural conditions of the stone products as described herein.
Maintenance of Granite Countertops: Caring for granite is different from caring for other Countertop materials because granite is a natural stone that can be stained or damaged over time. Some maintenance is required to keep the dramatic look of granite at its best and brightest. Light Daily Cleaning: Use a lint-free cloth or paper towel and a specially formulated granite cleaning product regularly to clean the counter, then dry the area with a separate clean cloth or paper towel. Do not use common abrasive cleaners, which can destroy the protective sealant on the granite. Spills: In the kitchen, spills on the countertop may be a daily occurrence, and the quicker you clean them up, the less potential damage to your counters. As soon as possible, blot the spill with a soft cloth or paper towel, then clean the area with a granite cleaner and dry with a clean cloth. Remember to blot, not wipe, because wiping can spread the spill. Heat: Granite is extremely durable. Though placing a hot pot or pan on it briefly might not damage it, it’s best to use a trivet beneath it, especially if you need to set a heated pan down for longer than a few seconds. As tough as granite is, extreme changes in temperature can harm or even crack it. Avoid the problem by using something between the hot pan and the surface of the counter. Frequent Sealing: To keep your granite countertops protected from dirt buildup and staining, remember to seal them often with a stone sealer. Some people seal their counters every 6 months to a year, but you cannot over-seal stone. If your granite is dark, it will be denser, less porous, and less at risk for staining than lighter colored granite. While this means it may require sealing less frequently than lighter stone, it is still necessary to seal it frequently so it can resist everyday spills and stains.
Responsibilities of the Parties: Contractor shall promptly notify the Owner of subsurface or latent physical conditions at the site differing materially from those indicated in this contract or unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract such as crack in foundations, etc. Owner, as added, work shall pay for any expense incurred due to such conditions. Contractor shall perform all work herein agreed to in a workmanlike manner according to standard practices. The Owner is responsible to supply water, gas, sewer, and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site is necessary. Owner agrees to allow and provide Contractor and his equipment access to the property and provide toilet facilities. The Owner is responsible for having sufficient funds to comply with this agreement. This is a cash transaction unless otherwise specified. The Owner is responsible to remove or protect any personal property such as but not limited to furniture, appliances etc. and Contractor is not responsible for it as well as for but not limited to any driveways, lawns, shrubs, etc. Unless otherwise specified, Customer’s responsibility includes the removal of all furniture, fixtures, everything from cabinet, drawers, and appliances so that the Contractor shall have clear access to the work area. Contractor is not responsible for damage to furniture as a result of moving. Customer understands that installing cabinets/countertops is a construction project and agrees to vacate the work area during the project. Customer understands that installing cabinets/countertops is a construction project, which, in process, may disclose unforeseen barriers to proper completion of the contracted work. Any unforeseen repairs to, or preparation of, the job site are not the responsibility of the Contractor . Any additional work as a result of unforeseen repairs will be priced and agreed to prior to doing additional work. Customer agrees to pay for this additional work upon completion of work. Customer agrees that any injuries that occur as result of the CUSTOMER not vacating the area will not create liability on the part of Contractor. Customer is aware that installation or removal of wood products may create dust in the air. Customer has taken such precautions, as he/she feels adequate to protect the surrounding area from such dust. Contractor shall not be held responsible for any damage resulting from dust nor shall Contractor be responsible to clean up dust in other than the area of the installer’s work area. Customer understands that during the installation, some damage to walls/trim or ceilings may occur. Contractor will not be held responsible for repairing, replacing and/or painting of these items. Contractor will not be responsible for installation of appliances as well as other construction, plumbing, electrical, or other trade work.
Self-Installation (if applicable): Contractor will not be responsible for any damage to materials caused by Customer or Customer’s agent. Contractor must be notified of any pre-existing damage within 24 hours of delivery or pick-up; otherwise, no exchanges will be allowed.
Terms/Acceptance: The quoted prices, specifications, and conditions are satisfactory and are hereby accepted at the time of signed and returned Estimate along with a paid deposit of 50% of the project total. Contractor will initiate the project at such time. This deposit is considered and agreed to be a nonrefundable payment to the contractor. Materials ordered by Octopus Remodeling LLC shall remain the contractor’s property until installed at the owner’s contracted residence. Owner shall be notified of the remaining balance due for work and when these payments are to be made. Payments made in full shall reflect that the work performed, and materials supplied are 100% acceptable to the buyer.
Changes in Work: Should the Owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Note about Extra Work and Change Orders – Extra work and change orders become part of the contract once the order is prepared in writing and signed by parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress. Failure to have written authorization shall not be deemed fatal to the collection of the extra work.
Delays: Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of negligence or omission of Owner or Owner’s employees or Owner’s agent, acts of God, stormy or inclement weather, Extra Work ordered by Owner, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes beyond Contractor’s reasonable control.
Insurance and Deposits: Owner will procure at Owner’s expense and before the commencement of any work hereunder, homeowner’s insurance with fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price. If the project is destroyed or damaged by accident, disaster or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid by owner as extra work.
Right to Stop Work: Contractor shall have the right to stop work if any payment is not made when due to Contractor under this agreement. Contractor may keep the job idle until all payments due are received. This remedy is in addition to any other right or remedy that the Contractor may have. Such failure to make payment when due, is a material breach of this agreement.
Clean Up: Contractor will remove from Owner’s property debris and surplus materials created by this operation and leave it in a neat and broom clean condition.
Limitations: No action of any character arising from or related to this contract, or the performance thereof shall be commenced by either party against the other more than two years after completion of the project or cessation of work under this contract.
Photography: Buyer shall allow the entire installation photographed by Octopus Remodeling LLC, its subcontractors, and/or professional photographer and allow Contractor to freely utilize the digital photographs for any print or website publishing purposes. Buyer anonymity will be preserved.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.